Terms and Conditions

General Terms and Conditions

Definitions

"You"/"your"/"Customer" shall mean the person ordinarily resident in the UK and Northern Ireland that is the primary user of any of our Services or who accesses any of our websites, and includes any person enabled or permitted by the Customer to use any of our Services.

"Services" are telecommunication services provided by us to allow the Customer to make international telephone calls. Separate terms and conditions exist governing the use of such services.

"Terms of use" are the terms governing the relationship between You and Us under which We will provide access to and use of our Website and any other Services.

"Website" means the Dial-a-Code website at www.dialacode.com

General

By accessing or otherwise using the Website and Services, you agree to be bound by the terms and conditions that follow. If you do not intend to be bound by such Terms of Use, please do not use the Website or our Services. These terms may be wholly or partially changed without prior notice and will be effective from the date of posting on the Website.

User Obligations

If you upload or otherwise provide any information or content ('Content') in the course of accessing or using the Website, you agree that such Content will be available to us to use in any manner we think fit, subject to applicable laws and our privacy statement. You agree that your use or access of the Website (including any uploading or providing of Content) will not (either directly or indirectly) be conduct which: is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, violent, degrading; or - infringes the intellectual or other proprietary interests of third parties, or otherwise damages our reputation or goodwill; or - impersonates another person or entity, falsely states or otherwise misrepresents your affiliation with a person or entity, attempts to solicit personal information from another user. - contains spam, links, pop-ups, chain letters, pyramid and other such selling and marketing schemes, computer viruses, Trojan horses, computer code, files or programs or other harmful components that interrupt, destroy, corrupt, change or limit the functionality of the Site or any data, computer software, hardware or electronic equipment, or contains information which in any way impinges on another user's use or enjoyment of the Site, or otherwise breaches or encourages other users to breach these terms of use; or - violates any law, statute or regulation, or is contrary to any relevant standards or codes; or - forges information to disguise the origin of any Content; or - encourages or incites any other person to engage in any of the above behaviour.

You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the intellectual property you have in any Content, in all media now known or not currently known.

Disclaimer

Our services are subject to availability and may be withdrawn or suspended at any time. Except as otherwise provided by law, the Website is provided "as is" and without any warranty or condition, express or implied. We do not warrant that the information contained in or accessible through the Website is accurate, reliable, and suitable for your purposes or without errors, omissions or viruses nor do we guarantee continuous, uninterrupted or secure access to the Website. You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of our control. We do not warrant the accuracy, completeness or reliability of any advice, opinion, statement, representation or other information displayed on or accessible through the Website. Except as provided by UK law, we make no representations or warranties in respect of the information and materials available on, or accessible through, the Website or the means of accessing that information and material (including the software operating in connection with the Website). We make no warranty or representation, accept no responsibility for, nor do we endorse, any websites, advertisements, sponsorships or other information operated or controlled by entities other than us which are or may become linked or available from, the Website. Users access and use the products and services made available at those sites solely at their own risk.

We are not liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; virus or other harmful components; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; fire; flood or storm).

Liability

All warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law. Save in respect of liability for death or personal injury arising out of negligence or for any fraud or fraudulent misrepresentation, Us and all contributors to the website hereby disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever and howsoever incurred including; any direct, indirect, consequential, special or secondary loss or damage, damage to goodwill or property or with respect to loss of data, income or profits or any loss of anticipated savings incurred by you or any loss or damage arising from the consequences of viruses received by you via the Website, whether arising in tort (including negligence), contract or otherwise, and arising out of or in relation to your access to or use of or inability to use the Site and the information contained therein, or any software or content supplied to you in connection with the Website, or any goods or services we provide or make available to you via the Website (other than as may be expressly set out in any separate terms and conditions relating to such products or services), or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure even if Us or our employees or agents are advised of the possibility of such damages, losses or expenses. You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
- your breach or non-observance of any term of these terms of use; - any breach or inaccuracy in any of your representations or warranties; or - your use of the Website.

Intellectual property

We own, or are otherwise licensed to use, all intellectual property in the Website (including the content, design, text, graphics, software and any other material appearing on the Website), unless indicated otherwise. Subject to these terms of use, we grant you a non-exclusive and non-transferable license to view, download and use information directly accessible through the Site for personal or non-commercial use. You agree that you will not, either directly or indirectly, infringe our intellectual property or other property rights (or any of our licensors' rights) in the Website (which may now or in the future subsist) and will not, either directly or indirectly, reproduce, modify, transmit (including broadcast), copy, adapt, sell, publish, frame, reverse engineer, decompile, distribute or communicate any part of the Website or any information contained therein or otherwise use them in a way which will infringe our intellectual property or other property rights (or any of our licensors' rights), except as permitted by law or with our prior written consent.

Breach and termination

If, in our reasonable opinion, you breach any provision of these terms of use, or your use of the Website is unlawful, we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Website, regardless of whether other users still have access to the Website. In any event, we may terminate these terms of use (and your right to use the Website) at any time and for any reason without prior notice to you. We also reserve the right to withdraw the Website in our absolute discretion.

Invalidity and inconsistency

If any part of these terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms will not be affected. In the event that anything in the Website conflicts with these terms of use, then these terms of use will prevail to the extent of such inconsistency.

Governing law

These terms shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes between us. We have designed the Website for use only within the United Kingdom and make no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the United Kingdom. The Website is available only to people using the Website in the United Kingdom who can form legally binding contracts under applicable law.

Entire agreement and relationship

These terms set out the whole of our agreement relating to use of and access to the Website and our Services. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these terms of use.

Amendments

We are entitled at our sole discretion to change, add or remove any part of these terms of use and to change, add or delete any features of the Website and/or Service at any time by posting or uploading the amended terms of use on the Website. Your continued use of the Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.

Product Terms and Conditions

Definitions

"You"/"your"/"Customer" shall mean the person ordinarily resident in the UK and Northern Ireland that is the primary user of the Dial-a-Code Service, and includes any person enabled or permitted by the Customer to use the Dial-a-Code Service.

"Service" is the Dial-a-Code Service which is intended to be used from Mobile Phones and allows the Customer to make telephone calls via an Access Number with the Customer being charged only by their service provider.

"Terms of use" are the terms governing the relationship between You and Us under which We will provide access to and use of our Website, our Services and any other information and services offered via our Website.

"Access Number": the Dial-a-Code Access Number is a phone number provided by us that you must use to access the service. Calls to the Access Number are billed to the bill payer of the phone used to contact the Access Number by the bill payer’s existing network operator.

"Website and Privacy Policy” means the policy governing the use of Our Website and how we may use personal information collected from You, either via the Website or through Your use of our Services.

General

By accessing or otherwise using Our Service, you agree to be bound by the terms and conditions that follow. If you do not intend to be bound by such Terms of Use, please do not use our Services. These terms may be wholly or partially changed without prior notice and will be effective from the date of posting on the Website. Callers must ensure they have the bill payer's permission before using the Service. All rates displayed will be charged by your telephone service provider in accordance with your normal contract and are based on calls from any of the stated mobile operator sim cards. Charges from other networks may vary. Dial-a-Code makes no charges to the user for this service and accepts no responsibility for any charges made by the service provider.

The Dial-a-Code service works with all O2, EE, Orange, T-Mobile or Three Pay Monthly and Pay As You Go SIM cards. The Dial-a-Code Pay As You Go prices as shown are for use with O2, EE, Orange, T-Mobile and Three phones only, for calls from the UK. The Dial-a-Code international service access numbers have been set up by O2, EE, Orange, T-Mobile and Three specifically for use with the Dial-a-Code international service. Prices are specific to these numbers and are charged by O2, EE, Orange, T-Mobile and Three through standard Pay As You Go credit or Pay Monthly bills. Prices and or available destinations for the Dial-a-Code international service are subject to change. Customers will be notified of changes on the www.dialacode.com website or via SMS. All standard O2, EE, Orange, T-Mobile and Three terms and conditions apply to your usage. These and further details about O2, EE, Orange, T-Mobile and Three services can be found at www.o2.co.uk, www.ee.co.uk. www.orange.co.uk, www.t-mobile.co.uk and www.three.co.uk . Use of the numbers from any other network will be charged differently or may not be accessible. Dial-a-Code makes no charges to the user for this service and accepts no responsibility for any charges made by the service provider of your mobile service.

User Obligations

You must not use the service to make offensive, indecent, menacing, nuisance or hoax calls; or fraudulently or in connection with a criminal offence. If you do we may cease service without notice.

Our Obligations

All Prices and or available destinations for the Dial-a-Code international service are subject to change. Customers will be notified of changes on the Website. We do not guarantee that your call will be connected to your destination number, or the quality of the call, as these matters are influenced by things outside our reasonable control.

If we cannot do what we have promised in this Contract because of something beyond our reasonable control such as lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, national or local emergency, anything done by government or other providers of telecommunications services or networks or other competent authority or industrial disputes of any kind, (including those involving our employees), we will not be liable for this.

Disclaimer

The service is subject to availability and may be withdrawn or suspended at any time. Except as otherwise provided by law, the Website is provided "as is" and without any warranty or condition, express or implied. See the Website and Privacy Policy for full terms on the use of Our Website.

We are not liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; virus or other harmful components; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; fire; flood or storm).

Liability

We accept liability for our negligence, but only to the extent stated in this paragraph. We do not exclude or restrict our liability for death or personal injury resulting from our negligence, nor any liability arising under Part 1 of the Consumer Protection Act 1987. Our liability to you in contract, tort or otherwise (including for our negligence) arising in relation to the service is limited to £100 for any one incident or related series of incidents and £ 200 for any series of incidents related or unrelated in any period of 12 months. In any event we have no liability for any loss that is not reasonably foreseeable, nor for any direct or indirect loss of business, revenue, profit or savings you expected to make, wasted expense, financial loss or data being lost or harmed. We do not accept liability for the acts or omissions of other providers of telecommunications services or networks or for the availability or performance of such services or networks. If you use the service for business purposes you must indemnify us against any claims that anyone (other than you) threatens or makes against us because the Service is faulty or cannot be used by them. Each provision of this paragraph operates separately in itself and survives independently of the others.

Invalidity and inconsistency

If any part of these terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms will not be affected. In the event that anything in the Website conflicts with these terms of use, then these terms of use will prevail to the extent of such inconsistency.

Governing law

These terms shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes between us. We have designed the Website for use only within the United Kingdom and make no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the United Kingdom. The Website is available only to people using the Website in the United Kingdom who can form legally binding contracts under applicable law.

Entire agreement and relationship

These terms set out the whole of our agreement relating to use of and access to our Service. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these terms of use.

Amendments

We are entitled at our sole discretion to change, add or remove any part of these terms of use at any time by posting or uploading the amended terms of use on the Website. Your continued use of our Service after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.

Collection and Use of Personal information

See Our Website and Privacy Policy for further details on how we may use your personal information collected through the use of Our Service.